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6.The appellants/defendants have filed a written statement in the suit inter alia contending that the software claimed by the respondent/plaintiff is an intellectual creation of the first appellant/ first defendant and that respondent/plaintiff was only an employee of the first appellant/first defendant and during his term he has also participated in development of the said software and as per Section 17(a) of the Copyright Act, 1957, copyright in any work created by an employee during the course of his employment, shall vested with the employer alone except under certain conditions and that the respondent/plaintiff left the services of the defendants in July 2001 and that the respondent/plaintiff clandestinely and illegally took away the computer software 'ASTOR EAZY DESIGN' and the source code of the said copyright when he left the services of the appellants/ defendants and had approached the customers of the defendants by using the appellants/defendants' said software and that the appellants/defendants filed criminal complaint against the respondent/plaintiff before the Central Crime Branch, Tiruppur and that an FIR under X Crime No.6 of 2002 dated 25.06.2002 registered and that the criminal case is pending before the Tiruppur Magistrate Court and that the respondent/plaintiff has hijacked the trade secrets of the appellants/defendants.